THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.
Bulletin: MT2021001
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Bulletin: MT2021001
Dear Associates:
The following are summaries of some bills passed during the 2021 Montana legislative session, which are of interest to the title insurance industry. All bills will become effective as of October 1, 2021, unless otherwise noted.
HB 23 - Revises tax lien and tax deed process: This bill generally revises the tax lien and tax deed process laws, providing that property with a residence is subject to a tax deed auction only if the owner occupies the residence. It clarifies timelines for notification requirements, requires the high bidder to pay auction costs, provides for cancellation of an assignment, and provides that the county Treasurer distributes surplus auction proceeds to the legal titleholder. This bill became effective February 23, 2021.
Click here for a full copy of amended HB 23: https://leg.mt.gov/bills/2021/billpdf/HB0023.pd
HB 49 - Revises recording fees to support county and state land information accounts: This bill increases the per page fee and allocates the additional revenue to county and state land information accounts. This bill will become effective July 1, 2021.
Click here for a full copy of amended HB 49: https://leg.mt.gov/bills/2021/billpdf/HB0049.pdf
HB 271 - Revises county road adoption procedure re: subdivision plats: This bill generally revises the laws relating to county roads and clarifies the procedure for adopting a county road. This applies to roads dedicated to public use on subdivision plats approved on or after the effective date of this act.
Click here for a full copy of amended HB 271: https://leg.mt.gov/bills/2021/billpdf/HB0271.pdf
HB 292 - Revises local subdivision review regarding title insurance procedure: This bill revises laws related to local subdivision review regarding title insurance procedures, requiring a subdivision guarantee accompany a submitted final plat. It also modernizes current language in the existing law.
Click here for a full copy of HB 292: https://leg.mt.gov/bills/2021/billpdf/HB0292.pdf
HB 450 - Provides that exempt divisions of land must meet zoning regulations: This bill revises laws relating to divisions of land exempt from subdivision review, and provides that court ordered divisions of land exempt from subdivision review not create more than four new lots or parcels.
Click here for a full copy of HB 450: https://leg.mt.gov/bills/2021/billpdf/HB0450.pdf
SB 114 - Revises the homestead exemption: This bill increases the homestead value limitation and provides for annual increases. This bill became effective May 10, 2021.
Click here for a full copy of SB 114: https://leg.mt.gov/bills/2021/billpdf/SB0114.pdf
SB 168 - Revises lien laws: This bill clarifies that attorney liens do not attach to real property until these liens are filed in the Clerk and Recorder’s Office in the county where the real property is situated.
Click here for a full copy of SB 168: https://leg.mt.gov/bills/2021/billpdf/SB0168.pdf
SB 200 - Revises Uniform Real Property Transfer on Death Act: This bill revises the Uniform Real Property Transfer on Death Act, applying rules of construction applicable to Wills and applying rules applicable to non-probate transfers to transfer on death deeds. It revises the optional transfer on death deed and revises the optional form of revocation.
Click here for a full copy of SB 200: https://leg.mt.gov/bills/2021/billpdf/SB0200.pdf
SB 286 – Prohibits certain prescriptive easements in a platted subdivision: This bill prohibits easements in a platted subdivision that cross existing lots or parcels if road access currently exists.
Click here for a full copy of SB 286: https://leg.mt.gov/bills/2021/billpdf/SB0286.pdf
SB 354 - Revises laws related to land servitudes and easements: This bill revises laws relating to land servitudes and easements, allowing the owner to mark the servitude boundaries with signage and providing that the extent of a servitude may not extend beyond those purposes provided for in writing. This bill became effective May 10, 2021.
Click here for a full copy of SB 354: https://leg.mt.gov/bills/2021/billpdf/SB0354.pdf
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References
- Bulletins Replaced:
- None
- Related Bulletins:
- None
- Underwriting Manual:
- Exceptions Manual:
- None
- Forms:
- None